6 ra 10630 amending ra 9344

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R.A. 10630, amending R.A. 9344 “An Act Strengthening the Juvenile Justice System in the Philippines

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R.A. 10630, amending R.A. 9344

“An Act Strengthening the Juvenile Justice

System in the Philippines”

Children in Conflict with the Law NationwideCY 2013 (as of January 24, 2014)

CICL served inCommunity-based Programs

CICL served in Center-based Program

Female 38 74

Male 836 1,515

TOTAL 874 1,589

Source:Department of Social Welfare and DevelopmentPolicy Development and Planning Bureau

Child Exempt from Criminal Responsibility A child fifteen (15) years of age or under at the time of the

commission of the offense.

A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate.

A child above fifteen (15) years but below eighteen (18) years of age.

Such child shall be subjected to an intervention program. But, if he/she acted with discernment, he/she shall be subjected to appropriate proceedings.

Note: Exemption from criminal liability does not include exemption from civil liability

Process for taking into custody child below the age of criminal responsibility

Establishment of ‘Bahay Pag-Asa’

Each province and highly-urbanized city (the LGUs) shall be responsible for building, funding and operating a ‘Bahay Pag-asa’ within their jurisdiction following the standards that will be set by the DSWD and adopted by the JJWC

‘Bahay Pag-Asa”

A 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited non-government organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

Intensive Juvenile Intervention and Support Center (IJISC)

Every ‘Bahay Pag-asa’ will have a facility called the IJISC. This Center will be allocated for children in conflict with the law (CICL) found to have committed serious crimes, repeat offenses, and have been found to be abandoned, neglected, or abused by parents or guardian.

The victim of the offense committed by a child and the victim’s family shall be provided with appropriate assistance and psychological intervention by LSWDO, DSWD and other concerned agencies.

The parents of the child in conflict with the law may be required by the court to undergo counseling or other intervention, based on the recommendation of the multi-disciplinary team of the IJISC, the LSWDO, or the DSWD.

Intervention and Assistance to the Victim of the offense committed and Family of the CICL and Victim

Institutionalization and Strengthening of National and Regional Structures Transfer of the administrative supervision over the

Juvenile Justice Welfare Council (JJWC) Secretariat from Department of Justice (DOJ) to Department of Social Welfare and Development (DSWD)

Creation of Regional Juvenile Justice Welfare Council (RJJWC)

Strengthening of the National JJWC Secretariat and

creation of RJJWC Secretariat

Strengthened collaboration with the local governments through the additional four members from the leagues of provinces, cities, municipalities and barangays

Composition of the Juvenile Justice and Welfare Council (JJWC)

The JJWC shall be composed of representatives of the following or departments or agencies, whose ranks shall not be lower than director:

1) Department of Justice (DOJ)

2) Department of Social Welfare and Development (DSWD)

3) Council for the Welfare of Children (CWC)

4) Department of Education (DepEd)

5) Department of the Interior and Local Government (DILG)

6) Commission on Human Rights (CHR)

7) National Youth Commission (NYC)

8) Two (2) representatives from NGOs, designated by the Secretary of Social Welfare and Development, selected based on the criteria established by the Council

9) Department of Health (DOH)

10)One(1) representative each from the Leagues of Provinces, Cities, Municipalities, and Barangays

The institutionalization of a centralized registry of CICL will ensure that the interventions provided can be evaluated as to their effectiveness and maybe collectively used for program and policy planning and development .

The JJWC shall lead in the establishment of a centralized information management system of children in conflict with the law.

Establishment and Institutionalization of a Referral and Centralized Juvenile Justice Welfare Management Information System

Inclusion in the LGUs Annual Budget an Allocation for the Local Juvenile Intervention Program

The LGUs expected expenditures on the local juvenile intervention program for children at risk and children in conflict with the law shall be included in the LGUs annual budget.

Highly-urbanized cities and provincial governments should include a separate budget for the construction and maintenance of the ‘Bahay Pag-asa’ including the operation of the IJISC within the ‘Bahay Pag-asa’.

Allocation of Php400 million that will be coursed through the Department of Public Works and Highways (DPWH) to fund the construction of ‘Bahay Pag-Asa’ in identified priority LGUs to be determined by DSWD and JJWC.

Thank You